United States District Court, W.D. North Carolina, Asheville Division
D. Whitney Chief United States District Judge.
MATTER is before the Court on initial review of
Plaintiff's Complaint, filed pursuant to 42 U.S.C. §
1983. See 28 U.S.C. § 1915(e). (Doc. No. 1).
Plaintiff is proceeding in forma pauperis. (Doc. No. 10).
Plaintiff Derek Shane Goodson is a North Carolina prisoner
currently incarcerated at Central Prison in Raleigh, North
Carolina. Plaintiff filed this action on June 2,
2017, pursuant to 42 U.S.C. § 1983, naming the following
individuals as Defendants: (1) Edward Cable, identified as a
captain at the Graham County Detention Center at all relevant
times; (2) “AJ LNU, ” identified as a corporal at
the Graham County Detention Center at all relevant times; (3)
Nathan Lewis, identified as a correctional officer at the
Graham County Detention Center at all relevant times; and (4)
Angie Birchfield, identified as a lieutenant at the Graham
County Detention Center at all relevant times. Plaintiff
alleges the following in the Complaint:
Upon my getting arrested in August of 2015 Lt. Angie
Birchfield advised the inmates in the jail of my charges.
Once offered to pay them to hurt me severely bad. Then when I
asked for a grievance I was called into the Captain's
Edward Cable office and told he would send me to the Central
Prison in Raleigh NC and with my charges I would be killed.
And on several occasions when I have to use a catheter to go
to restroom officer Nathan Lewis advised me that Captain
Cable wanted me to know if they had to take me to doctor he
said remember what he said would happen. On March 17, 2017,
Captain Edward Cable called me in his office and had done so
several months earlier, telling me drop him from the previous
lawsuit, even stated if I did he would see that the courts
gave me a good plea deal if I didn't he would make sure I
got the max.
Back to March 17, 2017, at 13:35 pm Captain called me in his
office told me to sit down and asked me if I was a fag and I
told him I was bi-sexual. He called me a sick fucker told me
I should be killed got in my face and threatened to throat
punch me. It scared me so bad I urinated on myself. He
laughed at me and said, “You probably would like to
suck nothing other than dicks.” He said he was going to
make sure that the district attorney gave me the max time for
my charges. And then he said he was going to move me to
another jail in Transylvania County Detention Center 3 hours
away so my lawyer couldn't come see me and it would make
it hard for me to fight or have to any help with my lawyer.
And then upon me arriving here at this jail they put me on
23-hour lockdown and even the Nurse Bruce called the Captain
and told him that I was having a lot of blood in my urine as
well as having to use a catheter to go to the bathroom and
nurse advise[d] Captain Cable that the PA wanted me to see a
urologist and Captain Cable advise[d] him to remind me that
he would send me to Central Prison and remember what he said
would happen to me.
This is cruel and unusual punishment and is a deliberate
indifference and among a bunch of other violations.
See (Doc. No. 1 at 3-5). Plaintiff seeks damages and
injunctive relief for the “mental anguish”
suffered by Plaintiff. (Id. at 4).
STANDARD OF REVIEW
Plaintiff is proceeding in forma pauperis, the Court must
review the Complaint to determine whether it is subject to
dismissal on the grounds that it is “frivolous or
malicious [or] fails to state a claim on which relief may be
granted.” 28 U.S.C. § 1915(e)(2). In its frivolity
review, this Court must determine whether the Complaint
raises an indisputably meritless legal theory or is founded
upon clearly baseless factual contentions, such as fantastic
or delusional scenarios. Neitzke v. Williams, 490
U.S. 319, 327-28 (1989).
Court will dismiss this action. In its current form, the
Complaint does not state a cognizable claim of a violation of
any federal or constitutional right. At most, Plaintiff
alleges that, at various times, Defendants made certain
threats against him, causing him mental anguish. These
allegations, without more, simply do not rise to the level of
a violation of a constitutional right under Section 1983. The
Court certainly does not condone and, indeed, strongly
condemns the alleged threats made by Defendants against
Plaintiff. However, “[m]ere threats or verbal abuse by
prison officials, without more, do not state a cognizable
claim under § 1983.” Henslee v. Lewis,
153 Fed.Appx. 178, 180 (4th Cir. 2005) (citing Collins v.
Cundy, 603 F.2d 825, 827 (10th Cir. 1979)). Furthermore,
the Complaint, again in its current form, does not allege
sufficient facts to support a claim for deliberate
indifference to serious medical needs against any of the
Defendants. At most, Plaintiff alleges that a nurse told
Defendant Cable ...